Get free answers to your Trademark legal questions from lawyers in your area.
I have a company called RemarkablyGreenLLC that has been registered in Florida since September 2023. Another company started using the exact same name in 2024, but I have not been approached by them, and we seem to provide different services. I have not taken any legal action yet. Can someone use... View More 
answered on Apr 29, 2025
When I checked on Sunbiz.org I only found one company with the name Remarkably Green, LLC. Are you the owner, Omar R. Johnson? I did a check with the U.S. Patent and Trademark Office and found the trademark "REMARKABLY GREEN ECO-PRODUCTS FOR A BETTER TOMORROW EST. 2024" that has been... View More
I am working on a recall election initiative under Florida Statute 100.361 against the city's mayor. We created bumper stickers with a slogan using our municipality's logo, which had a trademark that expired in 2013. The city still uses the logo and denied us permission to use it, citing... View More
answered on Apr 22, 2025
There are 3 types of trademark protection: federal, state, and common law.
Federal law protects your registered trademark in all 50 states.
State law protects your state-registered mark within the boundaries of that state.
Common law protects the geographic area within which... View More
I'm concerned about possible trademark infringement or brand confusion between my business, "DiTu Best Sandwiches," and another business named "D'TU Pizza." We are both operating in the same geographic area. Have there been any actions taken by the other business... View More
answered on Mar 28, 2025
There is a federal trademark registration for D'TU PIZZA:
https://tsdr.uspto.gov/#caseNumber=97750696&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch
What you should do will depend in part on the dates each of you began using the marks and... View More
I had a trademark filed on November 11, 2011, with registration number 4318073, which expired. We have been using this trademark every day since its registration date on April 9, 2013. There have been no changes in ownership or any details of the trademark since its last registration. We were... View More
answered on Mar 10, 2025
In order to reapply for the trademark you must file a new In-Use Trademark application with the USPTO. You can file yourself using the new trademark application online or work with a trademark attorney to guide you through the process.
answered on Sep 11, 2024
Creating a magazine with the name "Pulse" may involve potential trademark issues, as the name is quite common and could already be in use by other entities in various industries. Trademark law is designed to protect brand names and logos that are used to identify goods and services. If... View More
answered on Aug 10, 2024
If I understand the question correctly, you mean by “trademarked” that it was once federally registered but now has been abandoned or cancelled. In most situations you could file for a trademark registration for that mark and use that mark. One caution is that it's possible the owner of... View More
My former attorney arranged the ownership for me so I don't know what this is. I simply need some direction and will have another attorney, local, attend to it.
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answered on Jun 2, 2024
To address your concern, you first need to understand what documents or agreements your former attorney used to arrange the ownership of Purple Dryad. Start by locating any legal documents, contracts, or ownership certificates that were provided to you at the time. These documents should outline... View More
My former attorney arranged the ownership for me so I don't know what this is. I simply need some direction and will have another attorney, local, attend to it.
answered on May 25, 2024
US Reg No. 5500635 for PURPLE DRYAD is active for retail store services, and your name and address are correctly shown in the USPTO records. To maintain the registration, statement of continuing use must be filed by Jun. 26, 2024. This is a simple task for an experienced trademark attorney.
for example, If we put a book in a kids box is that allowed? What about things like legos or disney or another "known" company product in the basket if we are not claiming it as our own or that we made it?
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answered on Apr 16, 2024
When it comes to including trademarked items in gift baskets, the key considerations are the principles of trademark law and the "first sale doctrine." Here's what you need to know:
1. First Sale Doctrine: Under U.S. copyright and trademark law, the "first sale... View More
We recently set up an LLC for Salt Life Aesthetics and Specialty Care as well as the domain saltlifecare.com since then we've received both an email and certified letter from Salt Life, LLC demanding we cease and decease using "Salt Life" in our business name. Meanwhile there are... View More
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answered on Mar 26, 2024
It's important to understand that an organization can indeed protect certain words or phrases, especially if they're integral to their brand identity, through trademarks. When it comes to business names, what matters most is the likelihood of confusion in the market. If your business... View More
We recently set up an LLC for Salt Life Aesthetics and Specialty Care as well as the domain saltlifecare.com since then we've received both an email and certified letter from Salt Life, LLC demanding we cease and decease using "Salt Life" in our business name. Meanwhile there are... View More
answered on Mar 26, 2024
It depends. A close examination of their request is warranted. If their registered trademark covers the service you provide, and your use of your business name "is likely to cause confusion in the minds of consumers about the source or sponsorship of the goods or services offered under the... View More
I would also like to know if a phase that is the business name should be trademark
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answered on Mar 15, 2024
Starting an online aromatherapy service is an exciting venture. Regarding your question about setting up a business trust, it's indeed possible. A business trust can manage the business's assets and operations, but the specifics can vary widely based on your location and business needs.... View More
Most pictures will just be the car after being cleaned. Some pictures will showcase the before & after.
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answered on Mar 11, 2024
In most cases, posting pictures of cars you have worked on or detailed on your website or in advertisements would not be considered trademark infringement, as long as you follow certain guidelines:
1. No false association: Ensure that your use of the pictures does not falsely suggest that... View More
My design expired can I modify it for resubmission, is their possible law suits I can receive compensation from?
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answered on Mar 5, 2024
Based on the limited information provided, I'll try to address your questions as best as I can.
1. Royalties: If your design patent has expired, you will no longer receive royalties from it. Once a patent expires, the invention or design enters the public domain, meaning anyone can... View More
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answered on Mar 2, 2024
Choosing a business name is a significant step in establishing your brand and presence in the market. Using your legal name, Billy, as part of your business name, such as "Billy The Kid - Home Repair & Restoration," is generally permissible. However, it's essential to consider a... View More
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answered on Feb 4, 2024
Using the name of a university on a woodcut map can potentially raise trademark and intellectual property concerns. While you're not using logos, universities often have trademark protection for their names to prevent unauthorized use for commercial purposes. Whether you can use the name... View More
On my website I'd like to have an unrecognizable character jump up and strike a block having an item come out of the block. The motion would be similar to the Mario bros. Would this create any copyright issues with Nintendo?
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answered on Feb 1, 2024
Using an unrecognizable character in a video game-like scenario, where the character jumps and hits a block to release an item, may still raise potential copyright issues with Nintendo or other video game companies. While the character itself may not be recognizable as a specific copyrighted... View More
I would like to start a Facebook group and name it Florida Boss Babes and want to know if this is okay or if I would be violating someone else's trademark.
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answered on Jan 25, 2024
To determine if "Boss Babes" is trademarked, you can conduct a search in the United States Patent and Trademark Office (USPTO) database. This will show if the term is currently registered as a trademark. Remember, even if a term is not registered as a federal trademark, it could still be... View More
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answered on Jan 23, 2024
Mickey Mouse, as a character and brand, is indeed protected by both copyright and trademark laws. Copyright protects original works of authorship, such as movies, books, and artwork, including animated characters. Mickey Mouse, as a creation of Walt Disney, falls under this category, safeguarding... View More
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answered on Jan 15, 2024
Good morning!
Unfortunately, I do not have enough context or details to provide specific advice about your particular situation and why your trademark attorney filed the trademark application under their own name. However, here are a few general possibilities to consider:
- It may... View More
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